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CPSC Commissioner states that it is obvious that fidget spinners are toys

For Immediate Release

Friday, November 10, 2017

U.S PIRG Education Fund released a report yesterday outlining that Target is selling two fidget spinners containing high levels of lead, with one model containing 33,000 parts per million (ppm), more than 300 times the legal limit for lead in children’s products. Target’s response was that the fidget spinners are not children’s products, so therefore the federal lead regulations for children’s products does not apply. Target has refused to recall the fidget spinners.

Since late yesterday afternoon, Target appears to have made the 33,000 ppm-lead containing Fidget Wild Premium Spinner Brass unavailable for sale on its website. That product no longer appears in a Target.com search for fidget spinners, and in visiting the original link where the fidget spinner was previously available for sale, it says that the fidget spinner is unavailable for sale online, or in nearby stores, regardless of what zip code you type into the search box.

U.S. PIRG Education Fund staff went to a Target store today and found the Fidget Wild Premium Spinner Brass was still available for sale in-store, despite the website saying it was unavailable there. This fidget spinner still has a 14+ label, but it was on the shelf surrounded by fidget spinners that have labels for 6+ and other toys. It was located at the front of store, rather than in the toy department of the store.

The U.S. Consumer Product Safety Commission (CPSC) originally told U.S. PIRG Education Fund by email that the fidget spinners found to contain high amounts of lead are not children’s products due to the 14+ label, even though the Target.com website for Fidget Wild Premium Spinner Brass contained a statement that it’s for ages 6 and up. (After this story received substantial press coverage, Target amended it to say ages 14 and up.)

Yesterday, one of the CPSC’s Commissioners, Elliot F. Kaye, (@ElliotKayeCPSC) re-stated his opposition to the CPSC’s guidance and the acting chairman's statement when he tweeted, “Seems obvious fidget spinners are toys and should comply with all applicable federal safety standards.”

“We agree with Commissioner Kaye’s statement that all fidget spinners are toys. It’s common sense,” said U.S. PIRG Education Fund Toxics Director Kara Cook-Schultz. “We’re relieved to see that Target has made the Fidget Wild Spinner Premium Brass fidget spinner unavailable online, but we’re concerned that it is still available in stores. Target should recall both the Fidget Wild Premium Spinner Brass and its Metal counterpart immediately. Kids may currently be playing with these fidget spinners that contain high amounts of lead.”

U.S. PIRG (Public Interest Research Group) Education Fund is an independent, non-partisan group that works for consumers and the public interest. Through research, public education and outreach, we serve as counterweights to the influence of powerful special interests that threaten our health, safety, or well-being.